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2380-86 Grand Ave. Assoc., LLC v Ortega
2008 NY Slip Op 51511(U) [20 Misc 3d 135(A)]
Decided on July 21, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ
570061/07.

2380-86 Grand Avenue Assoc., LLC, Petitioner-Landlord-Respondent,

against

Marilyn Ortega, Respondents-Tenants-Appellant, -and- Daniel Gonzalez, "John Doe" and "Jane Doe," Respondents-Undertenants.


Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Paul L. Alpert, J.), dated December 19, 2006, which denied her motion to vacate a stipulation of settlement in a holdover summary proceeding.


Per Curiam.

Order (Paul L. Alpert, J.), dated December 19, 2006, affirmed, with $10 costs.

Tenant failed to demonstrate legal cause to vacate the stipulation settling the underlying holdover proceeding (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). "Stipulations in settlement of disputes are judicially favored and not lightly cast aside" (Board of Managers of the Atrium Condominium v West 79th St. Corp., 19 AD3d 24 [2005]). By virtue of the settlement, any defect in the predicate notice and petition were waived (see 433 West Associates v Murdock, 276 AD2d 360 [2000]; Rivercross Tenants Corp. v Tsao, 2 Misc 3d 137[A], 2004 NY Slip Op 50254[U] [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 21, 2008